Peter Zelchenko's List: Mom

• The majority ignored the question of Mrs. Doyle's attempted revocation, finding instead that the court had "implicitly revoked" the power of attorney under a provision in the Power of Attorney Act (755 ILCS 45/2-10) allowing an agent to be removed for cause.

• Sec. 11a‑4.   Temporary guardian.   Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23‑3 of this Act, the court may appoint a temporary guardian upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the interests of the alleged disabled person. The temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order. The court order shall state the actual harm identified by the court that necessitates temporary guardianship. The temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. Except pending the disposition on appeal of an adjudication of disability, no extension shall be granted. However, the ward shall have the right any time after the appointment of a temporary guardian is made to petition the court to revoke the appointment of the temporary guardian. 
  
• (e) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian will have no power, duty or liability with respect to any property subject to the agency. This subsection (e) applies to all agencies, whenever and wherever executed. 
• (c) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian has no power, duty, or liability with respect to any personal or health care matters covered by the agency. This subsection (c) applies to all agencies, whenever and wherever executed. 
• Nothing in this Section shall prevent an agent acting under a power of attorney for health care from exercising his or her authority under the Illinois Power of Attorney Act without further court order, unless a court has acted under Section 2‑10 of the Illinois Power of Attorney Act.

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• Sec. 2‑10.   Agency‑court relationship.   Upon petition by any interested person (including the agent), with such notice to interested persons as the court directs and a finding by the court that the principal lacks the capacity to control or revoke the agency: (a) if the court finds that the agent is not acting for the benefit of the principal in accordance with the terms of the agency or that the agent's action or inaction has caused or threatens substantial harm to the principal's person or property in a manner not authorized or intended by the principal, the court may order a guardian of the principal's person or estate to exercise any powers of the principal under the agency, including the power to revoke the agency, or may enter such other orders without appointment of a guardian as the court deems necessary to provide for the best interests of the principal; or (b) if the court finds that the agency requires interpretation, the court may construe the agency and instruct the agent, but the court may not amend the agency. Absent court order directing a guardian to exercise powers of the principal under the agency, a guardian will have no power, duty or liability with respect to any property subject to the agency or any personal or health care matters covered by the agency.  Proceedings under this Section shall be commenced in the county where the guardian was appointed or, if no Illinois guardian is acting, then in the county where the agent resides or, if the agent does not reside in Illinois, then in any county. 

• specifically grants “interested persons” standing
• 755 ILCS 45/2-10
• d.

   

  A Beneficiary of the Principal’s Estate. Although consistent with

   

  the definition of “interested person” under section 1-2.11 of the

   

  Probate Act, it is again unclear whether this consistency would or

   

  should be observed by the Courts. However, at least one court has

   

  recognized a former beneficiary of the Principal’s annuity as an

   

  interested person when the Agent attempted to revoke that annuity

   

  account. Hoopingarner v. Stenzel, 329 Ill.App.3d 271, 768 N.E.2d

   

  772 (3 Dist. 2002).
• e.

   

  “Next Friend.” It also appears that a court could appoint a next

   

  friend or guardian ad litem for the principal for the purpose of

   

  initiating and prosecuting a claim against an Agent. In re Rankin’s

   

  Estate, 322 Ill.App.64, 53 N.E.2d 747 (3 Dist. 1944).
• In fact, the mere appointment of a guardian could be interpreted

   

  as a revocation of a power of attorney, depending on the circumstances. Estate of Doyle, 362

   

  Ill.App.3d 293, 838 N.E.2d 355 (4 Dist. 2005).

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• (755 ILCS 5/23‑2) (from Ch. 110 1/2, par. 23‑2) 
• (755 ILCS 5/23‑3) (from Ch. 110 1/2, par. 23‑3) 

• evidence does not yet exist that artificial joints placed through small incisions, which provide less visibility for the surgeon, last as long as those implanted through the longer cuts of conventional hip surgery, one of medicine's most successful operations.
• Patients stay in the hospital an average of two days, compared with four days for standard surgery, according to the orthopedic surgeons organization.
• Dr. Andrew Freiberg
• 1 1/2-inch cut in the front of the hip, through which he slips the socket portion of the joint,
• Rather than cutting muscles and tendons to access bone, he parts the muscles with instruments and his fingers.
• Dr. Richard Berger, who popularized the two-incision surgery at Rush University Medical Center in Chicago, said he has had remarkable results; 296 of his last 300 patients have gone home the day of their surgery, and none has developed a skin infection. ''Most of my patients are back to work in a week," Berger said.
• But other surgeons report not-so-sterling results. Some, including Dr. Lawrence Dorr of Centinela Hospital Medical Center in California and an international leader in minimally invasive joint replacement, believe the newer technique may excessively stretch the skin, damaging it and leading to infections.
• In the April issue of the Journal of Bone and Joint Surgery, a group of Irish researchers found no difference in pain, blood transfusion requirements, or walking ability among patients at their hospital who were randomized to have either traditional (6-inch cut) or minimally invasive hip surgery (less than 4-inch cut) and then were followed for six weeks. In a separate article, doctors from the Charlotte Hip and Knee Center described three patients who had catastrophic complications after minimally invasive hip surgery, all of whom were transferred to the Charlotte hospital for corrective surgery. In one case, surgeons damaged the femur of a 67-year-old woman while operating through a 3 1/2-inch incision.
• . But he found one patient had developed a skin infection and several others limped after surgery -- complications he never experienced with traditional surgery. ''I just can't afford any complications with my patients," he said. ''I abandoned it."
• ''I would be wrong to tell them it's much better than traditional surgery. You can do a great hip with the old approach."

8 more annotations...